Endangered and Threatened Wildlife and Plants; Threatened Status for the Bi-State Distinct Population Segment of Greater Sage-Grouse With Special Rule and Designation of Critical Habitat, 19314-19315 [2014-07409]
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19314
Federal Register / Vol. 79, No. 67 / Tuesday, April 8, 2014 / Proposed Rules
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R8–ES–2013–0072 and
FWS–R8–ES–2013–0042; 4500030113]
RIN 1018–AY10; RIN 1018–AZ70
Endangered and Threatened Wildlife
and Plants; Threatened Status for the
Bi-State Distinct Population Segment
of Greater Sage-Grouse With Special
Rule and Designation of Critical
Habitat
Fish and Wildlife Service,
Interior.
ACTION: Proposed rules; reopening of the
comment periods.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), announce the
reopening of the public comment period
on our October 28, 2013, proposed rule
to list the Bi-State distinct population
segment (DPS) of greater sage-grouse
(Centrocercus urophasianus) as
threatened under the Endangered
Species Act of 1973, as amended, with
a special rule. We are also reopening the
public comment period on our October
28, 2013, proposed rule to designate
critical habitat for this DPS. We are also
announcing the location and time of
public hearings to receive public
comments on the proposals. Finally, we
announce a 6-month extension of the
final determination of whether or not to
list the Bi-State DPS as a threatened
species. We are taking this action based
on substantial disagreement regarding
the sufficiency or accuracy of the
available data relevant to the proposed
listing, making it necessary to solicit
additional information by reopening the
comment period for 60 days. We will
publish a listing determination on or
before April 28, 2015.
DATES: The comment periods for the
proposed rules published in the Federal
Register on October 28, 2013 (78 FR
64328; 78 FR 64358) are reopened. We
will consider comments received or
postmarked on or before June 9, 2014.
Comments submitted electronically
using the Federal eRulemaking Portal
(see ADDRESSES section) must be
received by 11:59 p.m. Eastern Time on
the closing date.
Public Hearing: We will hold two
public hearings on these proposed rules
in Minden, Nevada on April 29, 2014
from 6 to 9 p.m. (Pacific Time), and
Bishop, California, on April 30, 2014,
from 6 to 9 p.m. (Pacific Time) (see
ADDRESSES).
ADDRESSES:
rmajette on DSK2TPTVN1PROD with PROPOSALS
SUMMARY:
VerDate Mar<15>2010
15:28 Apr 07, 2014
Jkt 232001
Document availability: You may
obtain copies of the proposed rules on
the Internet at http://
www.regulations.gov at Docket No.
FWS–R8–ES–2013–0072 (proposed
listing with special rule) and Docket No.
FWS–R8–ES–2013–0042 (proposed
critical habitat), or contact the U.S. Fish
and Wildlife Service, Nevada Fish and
Wildlife Office or Ventura Fish and
Wildlife Office (see FOR FURTHER
INFORMATION CONTACT).
Written comments: You may submit
written comments by one of the
following methods:
(1) Electronically: Go to the Federal
eRulemaking Portal: http://
www.regulations.gov. In the Search box,
enter FWS–R8–ES–2013–0072
(proposed listing) or FWS–R8–ES–
2013–0042 (proposed critical habitat),
which are the docket numbers for these
rulemakings. Then, in the Search panel
on the left side of the screen, under the
Document Type heading, click on the
Proposed Rules link to locate the
document. You may submit a comment
by clicking on ‘‘Comment Now!’’
(2) By hard copy for the proposed
listing: Submit by U.S. mail or hand
delivery to: Public Comments
Processing, Attn: FWS–R8–ES–2013–
0072; Division of Policy and Directives
Management; U.S. Fish and Wildlife
Service; 4401 N. Fairfax Drive, MS
2042–PDM; Arlington, VA 22203. By
hard copy for the proposed critical
habitat: Submit by U.S. mail or hand
delivery to: Public Comments
Processing, Attn: FWS–R8–ES–2013–
0042; Division of Policy and Directives
Management; U.S. Fish and Wildlife
Service; 4401 N. Fairfax Drive, MS
2042–PDM; Arlington, VA 22203.
We request that you send comments
only by the methods described above.
We will post all comments on http://
www.regulations.gov. This generally
means that we will post any personal
information you provide us (see the
Information Requested section for more
information).
Public hearing: The April 30, 2014,
public hearing will be held at the TriCounty Fairgrounds, Home Economics
Building, Sierra Street and Fair Drive,
Bishop, CA 93514. The April 29, 2014,
public hearing will be held at Carson
Valley Inn, Valley Ballroom, 1627 U.S.
Highway 395 North, Minden, Nevada
89423. People needing reasonable
accommodations in order to attend and
participate in the public hearing should
contact Edward D. Koch, State
Supervisor, Nevada Fish and Wildlife
Office, as soon as possible (see FOR
FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: For
information on the proposed listing
PO 00000
Frm 00022
Fmt 4702
Sfmt 4702
rule, proposed special rule, and
proposed critical habitat designation,
contact Edward D. Koch, State
Supervisor, U.S. Fish and Wildlife
Service, Nevada Fish and Wildlife
Office, 1340 Financial Boulevard, Suite
234, Reno, NV 89502; telephone 775–
861–6300; or facsimile 775–861–6301.
Persons who use a telecommunications
device for the deaf (TDD) may call the
Federal Information Relay Service
(FIRS) at 800–877–8339.
SUPPLEMENTARY INFORMATION:
Background
On October 28, 2013, we published a
proposed rule to list the Bi-State DPS of
greater sage-grouse in California and
Nevada as a threatened species under
the Endangered Species Act of 1973, as
amended (Act) (78 FR 64358), with a
special rule under section 4(d) of the
Act. We concurrently published a
proposed rule to designate critical
habitat (78 FR 64328). For a description
of previous Federal actions concerning
the Bi-State DPS, please refer to the
October 28, 2013, proposed rules. Both
proposed rules opened a 60-day
comment period scheduled to end
December 27, 2013; however, we
received requests to extend the public
comment periods on the proposed rules.
In response to those requests, we
announced on December 20, 2013, an
extension of the comment periods for an
additional 45 days (78 FR 77087) to
February 10, 2014, to allow additional
comment.
Section 4(b)(6) of the Act requires that
we take one of three actions within 1
year of a proposed listing: (1) Finalize
the proposed listing; (2) withdraw the
proposed listing; or (3) extend the final
determination by not more than 6
months, if there is substantial
disagreement regarding the sufficiency
or accuracy of the available data
relevant to the determination.
Since the publication of the proposed
rules, there has been substantial
disagreement regarding the
interpretation of the best available
information related to Bi-State DPS
population trends and threats (e.g., from
livestock grazing); the consideration
given to completed, ongoing, and
planned conservation actions;
application of the 4(d) special rule; and
data layers used for mapping proposed
critical habitat. Differing interpretations
of the existing population data, in
addition to new U.S. Geological Survey
(USGS) population information, have
led to a significant disagreement
regarding the current status of the
species. In particular, some commenters
and peer reviewers raised questions
regarding the interpretation of scientific
E:\FR\FM\08APP1.SGM
08APP1
Federal Register / Vol. 79, No. 67 / Tuesday, April 8, 2014 / Proposed Rules
rmajette on DSK2TPTVN1PROD with PROPOSALS
information used in the proposed listing
rule and scientific literature that was
not yet available for use in our analysis.
For example, since publication of our
proposed listing rule, the USGS has
developed an integrated population
model that is generating new
information valuable for our listing
determination. Some commenters stated
that our science was flawed and that
there are more sage-grouse in the BiState area today as opposed to the past,
whereas other commenters (including
peer reviewers) believe there is a
declining trend and continuing threats.
It is evident in the comment letters
received that analysis or interpretation
of data vary between state, agency,
public, and peer reviewers.
As a result of these comments and
peer reviews, there is substantial
disagreement regarding the sufficiency
or accuracy of the available data
relevant to our listing determination.
Therefore, in consideration of these
disagreements, we have determined that
a 6-month extension of the final
determination of this rulemaking is
necessary, and we are hereby extending
the final determination for 6 months in
order to solicit information that will
help to clarify these issues and fully
analyze this information. As noted in
the proposed listing rule (78 FR 64358),
we were previously required by
statutory deadline to make a final
decision on the Bi-State DPS listing no
later than October 28, 2014. Therefore,
with this 6-month extension, we will
make a final determination on the
proposed rule no later than April 28,
2015. In conjunction with the proposed
rule to list the Bi-State DPS, we also
proposed a special rule under section
4(d) of the Act that would tailor the
prohibitions of the Act to specifically
address the threats to the DPS (78 FR
64358). Because this special rule is
contingent on the Bi-State DPS listing,
our final decision for this special rule
will also be delayed until we make a
final listing determination for the DPS.
Similarly, because critical habitat
designation is contingent on the Bi-State
DPS listing, our final decision for the
VerDate Mar<15>2010
15:28 Apr 07, 2014
Jkt 232001
proposed critical habitat will also be
delayed until we make a final listing
determination for the DPS.
Information Requested
We will accept written comments and
information during this reopened
comment period on our proposed listing
(and special 4(d) rule) and designation
of critical habitat for the Bi-State DPS
that published in the Federal Register
on October 28, 2013 (78 FR 64328; 78
FR 64358). We will consider
information and recommendations from
all interested parties. We intend that
any final action resulting from the
proposal be as accurate as possible and
based on the best available scientific
and commercial data.
We are particularly interested in new
information and comments regarding:
(1) Whether there is scientific
information in addition to that
considered in our proposed rules that
may be useful in our analysis.
(2) New information on or analysis of
population trends in the Bi-State area,
including data specific to population
vital rates.
(3) The scope of the proposed 4(d)
rule.
(4) Rangeland conditions and the
effects of livestock grazing within the
Bi-State area.
(5) Data specific to document the need
for addition or removal of areas
identified as proposed critical habitat.
(6) Spatial data depicting meadow/
brood-rearing habitat extent and
condition.
(7) Data specific to recreational use in
the Bi-State area and potential adverse
or beneficial effects caused by such use.
If you submitted comments or
information on the proposed rules (78
FR 64328; 78 FR 64358) during the
initial comment period from October 28,
2013, to February 10, 2014, please do
not resubmit them. We have
incorporated them into the public
record, and we will fully consider them
in the preparation of our final
determinations. Our final
determinations concerning the listing,
special rule, and critical habitat will
PO 00000
Frm 00023
Fmt 4702
Sfmt 9990
19315
take into consideration all written
comments and any additional
information we receive.
You may submit your comments and
materials concerning the proposed rules
by one of the methods listed in
ADDRESSES. We request that you send
comments only by the methods
described in ADDRESSES.
If you submit a comment via http://
www.regulations.gov, your entire
comment—including any personal
identifying information—will be posted
on the Web site. We will post all
hardcopy comments on http://
www.regulations.gov as well. If you
submit a hardcopy comment that
includes personal identifying
information, you may request at the top
of your document that we withhold this
information from public review.
However, we cannot guarantee that we
will be able to do so.
Comments and materials we receive,
as well as supporting documentation we
used in preparing the proposed listing,
special rule, and proposed critical
habitat will be available for public
inspection on http://
www.regulations.gov at Docket No.
FWS–R8–ES–2013–0072 and Docket No.
FWS–R8–ES–2013–0042, or by
appointment, during normal business
hours, at the U.S. Fish and Wildlife
Service, Nevada Fish and Wildlife
Office (see FOR FURTHER INFORMATION
CONTACT). You may obtain copies of the
proposed rules on the Internet at
http://www.regulations.gov at Docket
No. FWS–R8–ES–2013–0072 and Docket
No. FWS–R8–ES–2013–0042, or at the
U.S. Fish and Wildlife Service, Nevada
Fish and Wildlife Office (see FOR
FURTHER INFORMATION CONTACT).
Authority
The authority for this action is the
Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.).
Dated: March 25, 2014.
Daniel M. Ashe,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2014–07409 Filed 4–7–14; 8:45 am]
BILLING CODE 4310–55–P
E:\FR\FM\08APP1.SGM
08APP1
Agencies
[Federal Register Volume 79, Number 67 (Tuesday, April 8, 2014)]
[Proposed Rules]
[Pages 19314-19315]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-07409]
[[Page 19314]]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R8-ES-2013-0072 and FWS-R8-ES-2013-0042; 4500030113]
RIN 1018-AY10; RIN 1018-AZ70
Endangered and Threatened Wildlife and Plants; Threatened Status
for the Bi-State Distinct Population Segment of Greater Sage-Grouse
With Special Rule and Designation of Critical Habitat
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rules; reopening of the comment periods.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
reopening of the public comment period on our October 28, 2013,
proposed rule to list the Bi-State distinct population segment (DPS) of
greater sage-grouse (Centrocercus urophasianus) as threatened under the
Endangered Species Act of 1973, as amended, with a special rule. We are
also reopening the public comment period on our October 28, 2013,
proposed rule to designate critical habitat for this DPS. We are also
announcing the location and time of public hearings to receive public
comments on the proposals. Finally, we announce a 6-month extension of
the final determination of whether or not to list the Bi-State DPS as a
threatened species. We are taking this action based on substantial
disagreement regarding the sufficiency or accuracy of the available
data relevant to the proposed listing, making it necessary to solicit
additional information by reopening the comment period for 60 days. We
will publish a listing determination on or before April 28, 2015.
DATES: The comment periods for the proposed rules published in the
Federal Register on October 28, 2013 (78 FR 64328; 78 FR 64358) are
reopened. We will consider comments received or postmarked on or before
June 9, 2014. Comments submitted electronically using the Federal
eRulemaking Portal (see ADDRESSES section) must be received by 11:59
p.m. Eastern Time on the closing date.
Public Hearing: We will hold two public hearings on these proposed
rules in Minden, Nevada on April 29, 2014 from 6 to 9 p.m. (Pacific
Time), and Bishop, California, on April 30, 2014, from 6 to 9 p.m.
(Pacific Time) (see ADDRESSES).
ADDRESSES:
Document availability: You may obtain copies of the proposed rules
on the Internet at http://www.regulations.gov at Docket No. FWS-R8-ES-
2013-0072 (proposed listing with special rule) and Docket No. FWS-R8-
ES-2013-0042 (proposed critical habitat), or contact the U.S. Fish and
Wildlife Service, Nevada Fish and Wildlife Office or Ventura Fish and
Wildlife Office (see FOR FURTHER INFORMATION CONTACT).
Written comments: You may submit written comments by one of the
following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Search box, enter FWS-R8-ES-2013-0072
(proposed listing) or FWS-R8-ES-2013-0042 (proposed critical habitat),
which are the docket numbers for these rulemakings. Then, in the Search
panel on the left side of the screen, under the Document Type heading,
click on the Proposed Rules link to locate the document. You may submit
a comment by clicking on ``Comment Now!''
(2) By hard copy for the proposed listing: Submit by U.S. mail or
hand delivery to: Public Comments Processing, Attn: FWS-R8-ES-2013-
0072; Division of Policy and Directives Management; U.S. Fish and
Wildlife Service; 4401 N. Fairfax Drive, MS 2042-PDM; Arlington, VA
22203. By hard copy for the proposed critical habitat: Submit by U.S.
mail or hand delivery to: Public Comments Processing, Attn: FWS-R8-ES-
2013-0042; Division of Policy and Directives Management; U.S. Fish and
Wildlife Service; 4401 N. Fairfax Drive, MS 2042-PDM; Arlington, VA
22203.
We request that you send comments only by the methods described
above. We will post all comments on http://www.regulations.gov. This
generally means that we will post any personal information you provide
us (see the Information Requested section for more information).
Public hearing: The April 30, 2014, public hearing will be held at
the Tri-County Fairgrounds, Home Economics Building, Sierra Street and
Fair Drive, Bishop, CA 93514. The April 29, 2014, public hearing will
be held at Carson Valley Inn, Valley Ballroom, 1627 U.S. Highway 395
North, Minden, Nevada 89423. People needing reasonable accommodations
in order to attend and participate in the public hearing should contact
Edward D. Koch, State Supervisor, Nevada Fish and Wildlife Office, as
soon as possible (see FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: For information on the proposed
listing rule, proposed special rule, and proposed critical habitat
designation, contact Edward D. Koch, State Supervisor, U.S. Fish and
Wildlife Service, Nevada Fish and Wildlife Office, 1340 Financial
Boulevard, Suite 234, Reno, NV 89502; telephone 775-861-6300; or
facsimile 775-861-6301. Persons who use a telecommunications device for
the deaf (TDD) may call the Federal Information Relay Service (FIRS) at
800-877-8339.
SUPPLEMENTARY INFORMATION:
Background
On October 28, 2013, we published a proposed rule to list the Bi-
State DPS of greater sage-grouse in California and Nevada as a
threatened species under the Endangered Species Act of 1973, as amended
(Act) (78 FR 64358), with a special rule under section 4(d) of the Act.
We concurrently published a proposed rule to designate critical habitat
(78 FR 64328). For a description of previous Federal actions concerning
the Bi-State DPS, please refer to the October 28, 2013, proposed rules.
Both proposed rules opened a 60-day comment period scheduled to end
December 27, 2013; however, we received requests to extend the public
comment periods on the proposed rules. In response to those requests,
we announced on December 20, 2013, an extension of the comment periods
for an additional 45 days (78 FR 77087) to February 10, 2014, to allow
additional comment.
Section 4(b)(6) of the Act requires that we take one of three
actions within 1 year of a proposed listing: (1) Finalize the proposed
listing; (2) withdraw the proposed listing; or (3) extend the final
determination by not more than 6 months, if there is substantial
disagreement regarding the sufficiency or accuracy of the available
data relevant to the determination.
Since the publication of the proposed rules, there has been
substantial disagreement regarding the interpretation of the best
available information related to Bi-State DPS population trends and
threats (e.g., from livestock grazing); the consideration given to
completed, ongoing, and planned conservation actions; application of
the 4(d) special rule; and data layers used for mapping proposed
critical habitat. Differing interpretations of the existing population
data, in addition to new U.S. Geological Survey (USGS) population
information, have led to a significant disagreement regarding the
current status of the species. In particular, some commenters and peer
reviewers raised questions regarding the interpretation of scientific
[[Page 19315]]
information used in the proposed listing rule and scientific literature
that was not yet available for use in our analysis. For example, since
publication of our proposed listing rule, the USGS has developed an
integrated population model that is generating new information valuable
for our listing determination. Some commenters stated that our science
was flawed and that there are more sage-grouse in the Bi-State area
today as opposed to the past, whereas other commenters (including peer
reviewers) believe there is a declining trend and continuing threats.
It is evident in the comment letters received that analysis or
interpretation of data vary between state, agency, public, and peer
reviewers.
As a result of these comments and peer reviews, there is
substantial disagreement regarding the sufficiency or accuracy of the
available data relevant to our listing determination. Therefore, in
consideration of these disagreements, we have determined that a 6-month
extension of the final determination of this rulemaking is necessary,
and we are hereby extending the final determination for 6 months in
order to solicit information that will help to clarify these issues and
fully analyze this information. As noted in the proposed listing rule
(78 FR 64358), we were previously required by statutory deadline to
make a final decision on the Bi-State DPS listing no later than October
28, 2014. Therefore, with this 6-month extension, we will make a final
determination on the proposed rule no later than April 28, 2015. In
conjunction with the proposed rule to list the Bi-State DPS, we also
proposed a special rule under section 4(d) of the Act that would tailor
the prohibitions of the Act to specifically address the threats to the
DPS (78 FR 64358). Because this special rule is contingent on the Bi-
State DPS listing, our final decision for this special rule will also
be delayed until we make a final listing determination for the DPS.
Similarly, because critical habitat designation is contingent on the
Bi-State DPS listing, our final decision for the proposed critical
habitat will also be delayed until we make a final listing
determination for the DPS.
Information Requested
We will accept written comments and information during this
reopened comment period on our proposed listing (and special 4(d) rule)
and designation of critical habitat for the Bi-State DPS that published
in the Federal Register on October 28, 2013 (78 FR 64328; 78 FR 64358).
We will consider information and recommendations from all interested
parties. We intend that any final action resulting from the proposal be
as accurate as possible and based on the best available scientific and
commercial data.
We are particularly interested in new information and comments
regarding:
(1) Whether there is scientific information in addition to that
considered in our proposed rules that may be useful in our analysis.
(2) New information on or analysis of population trends in the Bi-
State area, including data specific to population vital rates.
(3) The scope of the proposed 4(d) rule.
(4) Rangeland conditions and the effects of livestock grazing
within the Bi-State area.
(5) Data specific to document the need for addition or removal of
areas identified as proposed critical habitat.
(6) Spatial data depicting meadow/brood-rearing habitat extent and
condition.
(7) Data specific to recreational use in the Bi-State area and
potential adverse or beneficial effects caused by such use.
If you submitted comments or information on the proposed rules (78
FR 64328; 78 FR 64358) during the initial comment period from October
28, 2013, to February 10, 2014, please do not resubmit them. We have
incorporated them into the public record, and we will fully consider
them in the preparation of our final determinations. Our final
determinations concerning the listing, special rule, and critical
habitat will take into consideration all written comments and any
additional information we receive.
You may submit your comments and materials concerning the proposed
rules by one of the methods listed in ADDRESSES. We request that you
send comments only by the methods described in ADDRESSES.
If you submit a comment via http://www.regulations.gov, your entire
comment--including any personal identifying information--will be posted
on the Web site. We will post all hardcopy comments on http://www.regulations.gov as well. If you submit a hardcopy comment that
includes personal identifying information, you may request at the top
of your document that we withhold this information from public review.
However, we cannot guarantee that we will be able to do so.
Comments and materials we receive, as well as supporting
documentation we used in preparing the proposed listing, special rule,
and proposed critical habitat will be available for public inspection
on http://www.regulations.gov at Docket No. FWS-R8-ES-2013-0072 and
Docket No. FWS-R8-ES-2013-0042, or by appointment, during normal
business hours, at the U.S. Fish and Wildlife Service, Nevada Fish and
Wildlife Office (see FOR FURTHER INFORMATION CONTACT). You may obtain
copies of the proposed rules on the Internet at http://www.regulations.gov at Docket No. FWS-R8-ES-2013-0072 and Docket No.
FWS-R8-ES-2013-0042, or at the U.S. Fish and Wildlife Service, Nevada
Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT).
Authority
The authority for this action is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
Dated: March 25, 2014.
Daniel M. Ashe,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2014-07409 Filed 4-7-14; 8:45 am]
BILLING CODE 4310-55-P